Binoj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 Bail Appl..No. 6621 of 2015 () ------------------------------- CRIME NO. 2437/2015 OF TOWN EAST POLICE STATION, TRISSUR DISTRICT ------------- PETITIONER/ACCUSED NOS. 7 & 8 :
-------------------------------------------------
1. BINOJ, AGED 30 YEARS, S/O. BALAKRISHNAN, KARIYIL HOUSE, PALAKKAL, NEAR SANKARAMKULAM TEMPLE, THRISSUR DISTRICT
2. SURJITH @ KIRAN, AGED 31 YEARS, S/O. SUNDARAN, KALLAZHI HOUSE, VENGINISSERY, THRISSUR DISTRICT BY ADVS.SRI.P.K.VARGHESE SRI.E.C.BINEESH RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, THRISSUR DISTRICT.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.6621 of 2015 -------------------------------------------- Dated this the 21st day of October 2015
O R D E R
Bail application filed under Section 439 Cr.P.C.
2. Petitioners are accused nos.7 & 8 in Crime No.2437 of 2015 of Thrissur Town Police station registered for the offences under Secs.451, 380, 120B, 411, 201 and 457 read with Sec.34 of the Indian Penal Code. The prosecution case is that the other accused trespassed into an ATM and committed theft of about Rs.26 lakhs. Accusation against the petitioners is that they caused disappearance of the evidence.
3. Heard both sides.
4. The petitioners have been in custody since 12.09.2015. About 17 lakhs rupees has been recovered. It appears that further detention of the petitioners is not necessary.
In the result, the bail application is allowed.
1) The petitioners will be released on bail on their executing a bond for
B.A. No.6621 of 2015 2 Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2) The petitioners shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Friday for four months or till the final report is filed, whichever is earlier.
3) The petitioners shall surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.
4) The petitioners shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) The petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
B.A. No.6621 of 2015 3
6) The petitioners shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge